Divorce - Visa & Wp Would Need To Change

[Hssl]

Need advice!

Looks like my marriage might be heading for Divorce!

My Visa non imm O based on marriage & having a half Thai/Farang child and extension to stay because of work permit.

So Divorce is pretty easy as me and my future ex wife would go to the amphur where we were married sign / stamp etc etc ........ and we are officially divorced

But what would I need to do regards visa & work permit.

My work permit is valid til the end of July and I have a 90 day report do to at the end of April then I would have another 180 days til my extension to stay runs out on current visa.

[guavagirl]

You can stay on your current visa until the extension of stay runs out and then get a non-imm B based on your WP (if you renew it).

I believe that they changed the law to say that of you are not married to the mother of your child than you can not get a non-imm O, otherwise you can stay on this visa based on the fact that you have a Thai child.

Only other option I can think of would be to get a double entry tourist visa in Laos, unless of course you are old enough to apply for a retirement visa.

[lopburi3]

If the extension is for work there is no change and you can continue to obtain extensions for work as long as eligible. Only if you have extension marked "Thai wife" would it finish on the day of divorce.

[IMA_FARANG]

If the extension is for work there is no change and you can continue to obtain extensions for work as long as eligible. Only if you have extension marked "Thai wife" would it finish on the day of divorce.

Exactly as lopburi3 says.

But what is your exact visa?

Here's ahy i hate people calling them "visas", as in "marriage visa" or "employment /work "visa".

Becaue they are NOT visas they are an extensions based on marriage/employment/etc.

Because people call them "visas" other people mistakenly hink they have a real visa when they in fact have an extension based on that reason.

In your case the crucial question is what is exactly what your extension is based on.

Do you have a Non O visa that was extended based on marriage to a Thai OR do you have (probably) a Non B visa based on employment?

If you visa/extension is based on marriage it ends on the date of your legal divorce.

If your visa extension is based on employment, your divorce doesn't matter, but then your extension/visa would end if you were fired or quit your job.

Bottom line however, if your visa/extension is based on being married to a Thai, a so-called marriage visa, it will end with your divorce.

If it's based on working, no problem as long as you keep that job.

Here's something else that should be understood.

Let's just assume someone enteredThailand in 2010 on a one year visa.

They have since that time been married and have extebded their visa to stay in Thailand for the kast 3 years based on that marriage.

Now they get divorced.

They lose their marrigae extension/visa when they get divorced.

Their original visa issued in 2010 expired in 2011, but the marriage extensions kept them here legally.

Now they have no extension because of the divorce, and their actual visa has been expired for 3 years.

Then they would need to leave the country immediately to get a new visa... at least a tourist visa.... because they are on overstay from the day they were divorced.

When they have that visa, they can legally return to Thailand.

That visa gives them time to do what they can do to stay in Thailand.

[ubonjoe]

If he is on an extension based upon marriage he could change to an extension based upon having a Thai child since he was married when they were born. But would need to show custody of the children granted during the divorce procedure.

This could be done without getting a new visa. Just because a visa is expired does not mean you cannot change the reason for the extension of stay.

[Hssl]

Thanks for the replies so far!

My multiple entry non im O was issued in the UK on the grounds of being married to a Thai & having a child with future EX, - this visa is now expired. I have an extension to stay because I have a work permit.

I have a problem finding out what my extension to stay was granted on as the HR manager for the company was sacked and no replacement has been hired !

But when all the various documents were submitted copies of my child's birth certificate & my marriage certificate were in with all the company documents.

I would rather not talk to my boss about this until its certain I am to divorce my wife.

Has anyone got any experience with a service liek Sun Belt Asia or the like to do a discrete check with immigration to find out my current status ?

BTW - I would not be taking full custody of my child - although I would still pay for schooling and support her financially

Edited April 11, 2013 by Hssl

[lopburi3]

Don't you have your passport? Nobody else should have that and it will say on the extension stamp what it is for normally.

[Mario2008]

Per above, look in your passport. it might be indicated by a number, like 2.2 or 2.18.

[Hssl]

Passport in my hand - nowhere in English does it mention the reason for the extension to stay.

[lopburi3]

How about in Thai? Or a number as posted above? There is often a stamp placed near the extension with reason but that can be in Thai or English.

Was wife with you when you obtained the extension of stay and interviewed and signed various documents?

[Hssl]

Hi Lopburi3 - Thanks for all your input !!

My wife was present but I do not remember her signing anything for the current extension to stay, she was in attendance mainly due to the fact that the ex HR manager for the company I work for was pretty useless (sacked 4 months ago mainly due to her incompetence handling my WP/VISA etc).

Work has finished early for Songkran so I have no access to a scanner - looking at the passport as I type I can see only the number 3 present in a 'stamped' part of the extension (bottom of the passport page & a separate stamp to the main extension) along with various hand written numbers all over the main extension stamp.................

I could ask my wife but I really don't want her to have any leverage over me at this point in time.

[Mario2008]

Another simple question than, did you get the extension on the spot or did you have to return in 30 days?

The extension based on work is given on the spot, while the paperwork for an extension based on marriage must be submitted in two and will be send two a committee and you have to return after 30 days to get he final approval of the extension.

[Hssl]

@ Mario - all the Paper work was sent from Nakhon Pathom immigration to the main immigration office in Bangkok and I returned 30 days later.

So I guess it's based on marriage :-(

[arminbkk]

Just to confirm my understanding: a non imm O visa based on marriage to Thai (note: visa, not extension of stay for reason of being married to Thai) can be used throughout until expiry date, even if divorced before that date, no?

In other words: divorce does not void the visa, right?

As for the OP, perhaps he should consider non imm B?

[Mario2008]

A visa remains valid, an extension of stay becomes invalid.

[whybother]

Mario2008, on 11 Apr 2013 - 18:45, said:

Another simple question than, did you get the extension on the spot or did you have to return in 30 days?

The extension based on work is given on the spot, while the paperwork for an extension based on marriage must be submitted in two and will be send two a committee and you have to return after 30 days to get he final approval of the extension.

When I have had my Visa/Extension extended for WP, I have had to return after 30 (or 14) days.

OP: If your visa was for marriage (ie a non-imm O) wouldn't the extension also be based on marriage?

[ubonjoe]

Getting a an extension based up working does not require a B visa. It can obtained with an O visa or any non immigrant visa according to the written rules.

[whybother]

Getting a an extension based up working does not require a B visa. It can obtained with an O visa or any non immigrant visa according to the written rules.

But wouldn't you get the extension based on marriage with the appropriate income? Less paperwork, because it doesn't need to involve the company providing proof that it has enough Thai workers and registered capital for the work permit.

[ubonjoe]

The way you wrote you post it reads to me that you could not get an extension for working with an O visa.

It would be certainly best to get the extension based upon marriage instead of for working.

[whybother]

The way you wrote you post it reads to me that you could not get an extension for working with an O visa.

It would be certainly best to get the extension based upon marriage instead of for working.

It was more wondering why you would get an extension for working with an O visa.

[ubonjoe]

The main reason would because the employer or more likely the agent they use said that they could not get a work permit on the O visa and thus the same for the extension of stay. The agent (lawyer) makes more money out of an extension based upon working and having to go out with paper work for a B visa.

[whybother]

ubonjoe, on 13 Apr 2013 - 10:42, said:

The main reason would because the employer or more likely the agent they use said that they could not get a work permit on the O visa and thus the same for the extension of stay. The agent (lawyer) makes more money out of an extension based upon working and having to go out with paper work for a B visa.

Ahh ... but the OP has an O visa.

[ubonjoe]

An O visa does not mean it is for marriage. OP has an extension of stay based upon marriage (not a visa).

You can get an extension based upon marriage with any non immigrant visa entry.

[Hssl]

OK so thank you for all the replies and info.

I'm thinking that maybe the best way forward for my situation is to leave Thailand to say Singapore / KL and apply for a non B multi entry before my work permit runs out (mid July) and get a new extension to stay based on the non b visa / WP.

That way my soon to be ex wife would have no leverage on me.

Am I going to need any more than the standard document required for a non B outta Singapore / KL because of my circumstance ??

TIA

[lopburi3]

I do not believe there is much chance of a multi entry non immigrant B visa being issued with a work permit ending in July. Most likely will be single entry. Can you extend for work immediately if you have a divorce by chance (you can get 7 days with an extension application).